April 12, 2016 It is not only the Internal Revenue Service that attempts to monitor and regulate the sale of goods, but also the police. Finding a great deal on goods such as electronics or car parts, especially those sold from a car trunk or the back of a van, can involve later charges of possessing stolen property. The adage of a deal too good to be true holds true with respect to stolen goods, and lends evidence toward criminal charges. Wise consumers steer clear of such offers. RCW 9A.56.140 establishes that, possessing stolen property “means knowingly to receive, retain, possess, conceal, or dispose of stolen property knowing that it has been stolen and to withhold or appropriate the same to the use of any person other than the true owner or person entitled thereto.” Knowledge Here, the term “knowingly” is a necessary element of the crime. Certainly, if one walks into a reputable retail store and purchases goods, one can reasonably assume the goods were not stolen. However, when a person makes a cash purchase from a soliciting vendor peddling assorted goods for an inordinately low price out of the trunk of his car, that person could suspect that the goods were stolen, and this suspicion lays the foundation for criminal charges. Sufficiently Large Quantities Create Legal Presumption of Knowledge Sufficient quantities of stolen merchandise create the legal presumption of knowledge in the mind of the possessor that the goods are stolen. Subsection (4) of the same statute establishes that possessing 10 or more bulk shipping units of stolen goods or beverages allows the state to presume that the possessor knew the goods or beverages were stolen. This means that to achieve a conviction, the state must prove possession alone, and the element of knowledge need not be supported by evidence. The effect of this presumption is that the defendant must bear the burden of proof to refute his knowledge rather than the state having to prove it. However, this presumption can be countered by a defendant who provides evidence refuting knowledge, such as a fraudulent bill of lading accepted in good faith. It is no defense to charges of possessing stolen goods that the one who stole the goods has not been identified or apprehended by police. Further, if the one accused of stealing the goods in question is found not guilty in an associated criminal trial, the one who possesses the stolen merchandise can still be found guilty of illegally possessing it. Get Experienced Legal Assistance If you or a loved one has been charged with criminal conduct associated with stolen goods, protect your rights and your innocence. Knowledge exists in the mind of an individual, and can be misinterpreted by third parties such as police, prosecuting attorneys, and judges. Also, possession, itself, can be a complex, abstract construction that can lead to incriminating perceptions. Don’t let your actions or true beliefs be taken out of context. Contact or call the criminal defense attorneys at The Nahajski Firm at (206) 621-0500 for a free and confidential initial consultation.